Loading...
HomeMy WebLinkAbout1980-06-03; City Council; Resolution 62021 2 3 4 5 6 7 8 9 10 11 12 0 a- 0 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 6202 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ANNOUNCING FINDINGS, GRANTING AN APPEAL OF A PLANNING COMMISSION DECISION, AND APPROVING A VARIANCE (V-304) TO REDUCE THE REQUIRED REAR YARD SETBACK FROM 10 FEET TO 0 FEET ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF PONTO DRIVE, SOUTH OF PALOMAR AIRPORT ROAD. APPLICANT: COAST WASTE I"AGEMJ3NT. WHEREAS, the Planning Commission of the City of Carlsbad did on April 23, 1980 hold a duly noticed public hearing to consider the application of Coast Waste Management for a variance (V-304) to reduce the required rear yard setback from 10 feet to 0 feet on property generally located on the east side of Ponto Drive, South of Palomar Airport Road, more particularly described as: That portion of the South two-thirds of Lot 4 (South- east Quarter of the Southeast Quarter) of Section 29, Township 12 South, Range 4 West, San Bernardino Meridian, in the County of San Diego, State of California, map filed November 4, 1948; and WHEREAS, said variance has been declared to be categorically exempt from the provisions of the City of Carlsbad Environmental Protection Ordinance of 1972 (Section 19.04.090 (c) (4i) ) : WHEREAS, at the conclusion of said hearings, the Planning Commission, after making certain findings, denied the variance; and FJHEREAS, the applicant filed an appeal with the City Council of the determination of the Planning Commission seeking relief from said denial; and WHEREAS, a duly noticed public hearing was held by the City Council on May 20, 1980 to consider the appeal of said denial 1 2 3 4 5 6 7 8 9 10 11 c- 0 18 19 20 21 22 23 24 25 26 27 28 at which time all persons interested in or opposed to the proposed variance were heard and the decision of the Planning Commission considered; and WHEREAS, the City Council, after considering all relevant factors, makes the following findings: 1. That there are other property owners in the immediate 2. vicinity who have been allowed to build to the property line. in the area since the objections voiced at the Planning Commission hearing on the matter have been withdrawn. 3. That the variance will not adversely affect the zone or the general plan since the use for which the variance has been granted is a temporary one which must be removed prior to March 12, 1985. Removal of the trash operation will then coincide with the termination of the CUP for the junk yards and facilitate development of the area in accordance with the established general plan, zoning and land use designations. 4. That denial of the variance will cause undue hardship since the building is already partially constructed and the cost of compliance with the rear yard setback will exceed the benefits from enforcement. That the variance will not adversely affect the people NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. That the above recitations are true and correct. 2. That the appeal of the Planning Commission decision denying a variance contained in Resolution No. 1628 is hereby granted. 3. That the City Council approves the variance (V-304) to reduce the required rear yard setback from 10 feet to 0 feet for the building which is already partially constructed on the site. 4. That this variance is approved on the express condition that the applicant shall fully comply with all conditions of CUP-171, as approved by Planning Commission Resolution No. 1600, on file with the Planning Department and incorporated by reference herein. 5. That this variance is approved on the express representations by the applicant that the nonconforming refuse and waste disposal business operating on the site will be completely removed prior to March 12, 1985. Acceptance by the applicant of this variance will constitute his agreement to be bound by the terms of CUP 171, as adopted by Resolution No. 1600, and the terms of this resolution. /// -2- PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 3rd day of June , 1980 by the following vote, to wit: AYES: Councilmen Packard, Anear, Lewis, Councilwomen Casler and Kul chin NOES: None ABSENT: None 19 20 21 22 23 24 25 26 27 28 ATTEST : ! 11 /I QQQXLLa46?- ALETHA L. RAUTENKRANZ, City Clerk d, 3.